Deprivation of assets timeframe

Brutamuk

New member
Apr 19, 2024
2
0
Good evening,

My dad had a fall in August 2021 and suffered a bleed on the brain which unfortunately led to him requiring nursing care after his surgery in November 2021. At first he was self funding for about 5 months but the care home rejected him and he ended up back in hospital. He was on the verge of LA funding at this stage but in May 2022 he was found a new home that could meet his needs and he was awarded CHC funding therefore no LA financial assessment was carried out.
I have just been through a re-assessment for him and been told that he no longer quite meets the criteria for CHC funding as his behaviour has dropped from severe to high.
While he has been on CHC funding for 2 years his savings have grown to £60k with his state and private pension income. He will now get FNC funding and self fund from his savings. Once this money has ran down to £23k again he will require a LA financial assessment. I expect this will be in around 14 months time.

18 months prior to his accident my parents sold their house and rented. They gifted me £50k to pay off my mortgage. This was always my parents wish and at the time we didn't foresee any need for care. The rest of the money (£90k) from the house sale was put in a joint account with my mum who now lives on her own independently. This was split when my dad needed care in November 2021 for him to fund his care.

My question is, will the gift to me be deemed as deprivation of assets when it come to the financial assessment?
I'd like to know now as it gives me time to put provisions in place in order to reduce any financial hardship. I get that the gift was substantial but does the time between the gifting and the need for care nullify and claim for deprivation of assets by the LA?

Sorry for the long post!
 

nitram

Registered User
Apr 6, 2011
30,349
0
Bury
18 months prior to his accident my parents sold their house and rented. They gifted me £50k to pay off my mortgage.
Unless your dad had medical problems before his accident, or was very elderly, it's hard to see how this qualifies as 'deliberate deprivation of assets'.
 

Brutamuk

New member
Apr 19, 2024
2
0
Unless your dad had medical problems before his accident, or was very elderly, it's hard to see how this qualifies as 'deliberate deprivation of assets'.
My dad was 78 when he had his accident. He had no other health concerns but I suppose that would be classed as elderly.
 

nitram

Registered User
Apr 6, 2011
30,349
0
Bury
My dad was 78 when he had his accident. He had no other health concerns but I suppose that would be classed as elderly.
I said very elderly.
I would not regard being 78 in itself was a reason to believe care would soon be necessary.